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31 Outland v. Monmouth-Ocean Education Service Commission -- rank: 617

... 40-41 (App. Div. 1983) (construing "calendar year" language in N.J.S.A. 34:15-40 (entitling providers of workers' compensation benefits to recover amounts paid ...

docket:	a-48-97
court:	njsupreme
decided:	1998-07-01
status:
citation:	154 N.J. 531
Document Size:	71879

32 JOHN K. DEVER v. NEW JERSEY MANUFACTURERS INSURANCE COMPANY -- rank: 617

... Legislature overcame the possible "inequity of double recovery" by including N.J.S.A. 34:15-40 (section 40). Frazier v. N.J. Mfrs. Ins. Co. , 142 N.J. 590 , 597 (1995). N.J.S.A. 34:15-40(b) 6 requires an injured employee to refund paid workers ... concern of the Legislature in enacting the reimbursement provisions of N.J.S.A. 34:15-40 was to integrate all available sources of recovery in order ... any . . . medical expense benefits [paid by PIP]. [(emphasis added)]. 6 N.J.S.A. 34:15-40(b) provides in pertinent part: If the sum recovered by ...

docket:	a3102-11
court:	NJ Superior Court Appellate Division
decided:	2013-10-23
status:	unpublished
citation:
Document Size:	60408

33 DEBRA SANSONE v. VILLAGE SUPERMARKET, INC -- rank: 607

... were aware of Liberty Mutual's statutory lien, pursuant to N.J.S.A. 34:15-40 (section 40), against Sansone's recovery from third-party tortfeasors ...

docket:	a3638-17
court:	NJ Superior Court Appellate Division
decided:	2019-05-02
status:	Unpublished
citation:
Document Size:	27742

34 /usr/local/share/www/libweb/collections/courts/appellate/a4067-18.opn.html -- rank: 607

... tortfeasor the employee alleges contributed to his or her injuries. N.J.S.A. 34:15-40; McDaniel, 419 N.J. Super. at 491. An employee's ... the employer's liability under the WCA as provided in N.J.S.A. 34:15-40. In Ramos v. Browning Ferris Industries, Inc., 103 N.J ... employee to sue a third-party tortfeasor is addressed in N.J.S.A. 34:15-40. While that provision establishes the 4 We offer no opinion ...

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35 LEON PRIMUS et al. v. ALFRED SANZARI ENTERPRISES, et al. -- rank: 604

... considerations of liability, coverage, expediency, certainty, and the like. Yet, N.J.S.A. 34:15-40 requires full reimbursement.     The underlying purpose of N.J.S.A. 34:15-40 is to prevent double recovery. "The 'double recovery' that the ... conduct of the third-party. Id. at 617. Thus, although N.J.S.A. 34:15-40 does not define "third person" to include an uninsured motorist ... 314-15.     This formulation comports with the statutory provisions of N.J.S.A. 34:15-40 and N.J.S.A. 17:30A-5d. It also ... Injured worker cannot frustrate compensation carrier's legitimate claim under N.J.S.A. 34:15-40.     Plaintiff and the Association also rely on another provision of ... it should be calculated based on the net lien. See N.J.S.A. 34:15-40(e). Footnote: 2 For the sake of completeness, we ...

docket:	a5270-02
court:	njappellate
decided:	2004-10-19
status:	published
citation:	372 N.J. Super. 392
Document Size:	28845

36 LIBERTY MUTUAL INSURANCE v. JOSE R. RODRIGUEZ -- rank: 604

... Liberty asserted its rights to reimbursement of its lien under N.J.S.A. 34:15-40(b) (Section 40) from the third-party settlement. Section 40 ... 30.56%, plus $750 for expenses of suit.3 3 N.J.S.A. 34:15-40(e) provides: As used in this section, 'expenses of suit ... misplaced' because: Taking into account the three leading cases construing N.J.S.A. 34:15-40 of Teller v. Major Sales Inc., 64 N.J. 143 ... at 144-45. Our Supreme Court held that pursuant to N.J.S.A. 34:15-40(b), the defendant-employer's pro rata share was 28 ...

docket:	a0112-17
court:	NJ Superior Court Appellate Division
decided:	2019-04-02
status:	Published
citation:	458 N.J.Super. 515 206 A.3d 426
Document Size:	17435

37 DEBORAH K. POOL v. MORRISTOWN MEMORIAL HOSPITAL -- rank: 602

... hospital settled for $125,000; the workers' compensation statutory lien, N.J.S.A. 34:15-40, held by appellant Workers' Compensation Security Fund (the fund), attached ... account of [a third person's] liability to" the employee. N.J.S.A. 34:15-40. The trial judge concluded that the payment did not meet ... 97 (1995). Finding such double recoveries inequitable, the Legislature enacted N.J.S.A. 34:15-40, which, with some modifications since its original adoption in 1913 ... this $100,000 payment is what is referred to in N.J.S.A. 34:15-40 as a "sum in release or in judgment on account ... the statutory lien to the payment. The general language of N.J.S.A. 34:15-40 clearly evinces the Legislature's intent to broadly expand the ... later made was "on account of" his liability to plaintiff. N.J.S.A. 34:15-40. The phrase "on account of . . . liability" does not limit ...

docket:	a6183-06
court:	njappellate
decided:	2008-06-16
status:	published
citation:	400 N.J.Super. 572
Document Size:	34465

38 MEREDITH DONATELLO v. QUAL-LYNX -- rank: 602

... disagreed and granted summary judgment to defendants. We affirm, as N.J.S.A. 34:15-40 entitles the compensation carrier to be reimbursed out of the ... 2015. In a written opinion, Judge Stephanie Mitterhoff found that N.J.S.A. 34:15-40, which allows workers' compensation carriers to place liens on third ... 9 (App. Div. 1988), in which we held that, under N.J.S.A. 34:15-40, an employee's medical expenses are subject to the workers ... different result. 4 This appeal followed. The plain language of N.J.S.A. 34:15-40 entitles SEJIF or the Township to reimbursement without the exclusions ... expenses of suit and attorney's fee as hereinafter defined." N.J.S.A. 34:15-40(b) (emphasis added). Given this clear statutory text, plaintiff's ... income continuation benefits. This result also vindicates the purpose of N.J.S.A. 34:15-40: to prevent double-recovery of workers' compensation benefits. Greene ...

docket:	a3643-14
court:	NJ Superior Court Appellate Division
decided:	2016-08-02
status:	unpublished
citation:
Document Size:	16795

39 Mary Kibble v. Weeks Dredging & Construction Co -- rank: 586

... pending workers' compensation cases were entitled to reimbursement pursuant to N.J.S.A. 34:15-40 from the third-party settlement for two-thirds of their ... settlement, Weeks would not be entitled to a credit under N.J.S.A. 34:15-40 against any dependency award based on the remaining funds received ...

docket:	a-38-98
court:	njsupreme
decided:	1999-08-09
status:
citation:	161 N.J. 178
Document Size:	103217

40 JOHN R. THOMAS, JR v. CITY OF EAST ORANGE -- rank: 571

... settlement proceeds, pursuant to the Worker's Compensation Act (Act), N.J.S.A. 34:15-40(d). The Act provides that an employer or its compensation ... party, for worker's compensation payments made to the employee. N.J.S.A. 34:15-40 (b), (c). The Act also permits the employer or its ... sue the third-party tortfeasor to recover the compensation payments. N.J.S.A. 34:15-40(f). Relying on Travelers , supra , 169 N.J. Super. at ... opinion, we add only the following. It is clear that N.J.S.A. 34:15-40 not only permits subrogation recovery from the employee, but would allow a lawsuit directly against the third-party tortfeasor. N.J.S.A. 34:15-40(f). However, in enacting the TCA, N.J.S.A ... supra , 169 N.J. Super. at 416 ("subrogation -- permitted under N.J.S.A. 34:15-40(f) -- is expressly prohibited by N.J.S.A. ...

docket:	a1468-10
court:	NJ Superior Court Appellate Division
decided:	2011-06-22
status:	unpublished
citation:
Document Size:	10201

41 TAMI ROSALES v. STATE OF NEW JERSEY DEPARTMENT JUDICIARY -- rank: 568

... concepts in our Workers' Compensation scheme can be found in N.J.S.A. 34:15-40, which bars double recoveries from Workers' Compensation and third party ...

docket:	A2110-02
court:	NJ Superior Court Appellate Division
decided:	2004-11-08
status:	published
citation:	373 N.J. Super. 29 860 A.2d 929
Document Size:	52061

42 UTICA MUTUAL INSURANCE COMPANY V. MARAN & MARAN -- rank: 550

... obtain reimbursement pursuant to the "no double recovery" rule of N.J.S.A. 34:15-40 (section 40).     The parties files cross-motions for summary judgment ...

docket:	a-4-95
court:	njsupreme
decided:	1995-12-04
status:
citation:	142 N.J. 609
Document Size:	21424

43 MICHAEL G. BRADY v. MIGUEL A. PULGAR -- rank: 545

... from an employee's recovery in a third-party action. N.J.S.A. 34:15-40. Generally, references to workers' compensation insurance benefits during a personal ...

docket:	a4858-06
court:	superior court appellate division
decided:	2009-08-27
status:	unpublished
citation:
Document Size:	191014

44 In the Matter of Jack N. Frost, An Attorney at Law. -- rank: 534

... effort to satisfy CNA's workers' compensation lien pursuant to N.J.S.A. 34:15-40. That respondent was aware of the existence and the amount ...

docket:	d-106-00
court:	njsupreme
decided:	2002-04-05
status:
citation:	171 N.J. 308
Document Size:	65957

45 JOHN J. WEIR VS THE MARKET TRANSITION FACILITY OF NEW JERSEY & ET ALS -- rank: 516

... worker-related automobile accident by an insured tortfeasor cannot, under N.J.S.A. 34:15-40, retain both workers' compensation benefits and the fruits of the ...

docket:	a3776-97
court:	njappellate
decided:	1999-02-19
status:	published
citation:	318 N.J.Super. 436
Document Size:	25499